HUGO RODOLFO CRUZ VILLANUEVA, Applicant vs. EL POLLO LOCO; ARCH INSURANCE COMPANY, administered by YORK RISK SERVICES GROUP, Defendants
ADJ number
ADJ12260142
Decision date
Sep 6, 2021
District office
Marina del Rey
WCJ
Jacqueline A. Walker
Claim administrator
York Risk Services Group (administering for Arch Insurance Company)
Commissioners
—
Injury / body parts: right shoulder, right arm, right elbow, right wrist, right hand, neck, waist, lower back, abdomen (possible hernia)
Summary
Applicant Hugo Rodolfo Cruz Villanueva, a cook for El Pollo Loco, alleged a cumulative trauma injury during May 26, 2017 through May 26, 2019 to multiple body parts. The case proceeded to trial solely on the issue of injury arising out of and in the course of employment (AOE/COE). The WCJ found applicant did not meet his burden of proof, deeming his testimony self-serving and lacking credibility while finding four defense witnesses credible regarding outside landscaping/construction employment, job abandonment, and the lack of reported injury. The WCJ also found the PQME report of Dr. Kim was not substantial evidence because it relied on an inaccurate history. The WCAB denied applicant's Petition for Reconsideration, adopting the WCJ's report and giving great weight to the WCJ's credibility determinations under Garza.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.